SC refuses to stay CAA; asks Centre to respond to petitions by April 8

The Supreme Court declined to stay the enforcement of the Citizenship Amendment Act (CAA) on Tuesday afternoon. It granted the government a three-week period, until April 8, to respond to 237 petitions contesting the law, which was notified shortly before the Lok Sabha election.

Petitioners were permitted to approach the court if citizenship was granted to any individual before the given date. Solicitor-General Tushar Mehta, representing the government, refrained from making any definitive statement regarding this matter.

Initially, Mr. Mehta had requested four weeks to address the petitions. He emphasized the need for a detailed affidavit to respond to the 237 petitions and numerous pending interim applications.

Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra presided over the case. The petitioners included the Indian Union Muslim League and opposition leaders such as Jairam Ramesh of the Congress and Mahua Moitra of the Trinamool.

The next hearing is scheduled for April 9. The petitioners, although not opposing the government’s request for additional time, urged the bench led by Chief Justice to impose a stay on the CAA’s implementation, which they deem discriminatory against the Muslim community.

In 2019, after Parliament approved the citizenship bill, numerous challenges were filed. However, the court did not pause implementation as the rules had not been notified. Last week, arguing in this matter, Mr. Sibal noted the difference, highlighting that rules had been notified now.

Mr. Sibal questioned the delay in issuing the rules, suggesting political motives behind the timing, coinciding with the 2024 Lok Sabha election. Indira Jaising advocated for granting the government more time but urged against granting citizenship in the interim.

Mr. Mehta dismissed the relevance of the timing regarding the election. Under the CAA, non-Muslim migrants from neighboring countries can seek citizenship if they fled religious persecution before December 31, 2014.

Opposition parties criticized the timing of the law’s implementation, suggesting it was aimed at influencing the elections, particularly in West Bengal and Assam. Mamata Banerjee, Chief Minister of West Bengal, expressed doubts about the law’s legality and alleged a plot to deprive people of citizenship rights.

Home Minister Amit Shah defended the CAA, stating it is not unconstitutional and accusing the opposition of spreading misinformation. He clarified that minorities need not fear as the CAA does not revoke any rights.